Act Info:
(1) This Act may be called the1[Karnataka] Municipalities Act, 1964.
(2) It extends to the whole of the1[State of Karnataka].
(3) This section and sections 2, 323, 365, 381, 383, 384 and 385 shallcome into force at once; and the rest of this Act shall come into force on such2[date] as the Government may, by notification, appoint.
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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
2. Rest of the Act came into force w.e.f. 1.4.1965 by notification. Text of notification is at page 894.
Section 2 - Definitions
In this Act, unless the context otherwise requires, --
(1) "annual rateable value" means the gross annual rent for which any building or land exclusive of furniture or machinery contained or situated therein or thereon, might reasonably be expected to be let from month to month or year to year;
1 [(1A) "Backward Classes" means such class and classes of citizens as may be classified as category "A"
and "B" and notified by the Government from time to time for the purposes of reservation of seats and offices of President and Vice-President in a Municipal Council or Town Panchayat;]
(2) "betterment fee" means the fee payable under section 160 in respectof an increase in the value of land resulting from the execution of an improvement scheme;
(3) "building" includes a house, out-house, stable, latrine, urinal, shed, hut, wall, verandah, fixed platform, plinth, doorstep, staircase or any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever; but does not include a portable shelter;
(4) "City Municipal Council" means a city municipal council establishedunder this Act;
7 [(5) "Commissioner" means the Divisional Commissioner or other officerappointed to perform the duties
of the Commissioner under this Act;]
(6) "Councillor" means any person who is legally a member of a municipalcouncil 2 [or Town Panchayat];
(7) "dangerous disease" means, --
(a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebro-spinal meningitis and diphtheria, and
(b) any other endemic, epidemic or infectious disease which the Government may by notification declare to be a dangerous disease for the purposes of this Act;
(8) "date of commencement of this Act" means the date appointed under sub-section (3) of section 1;
(9) "Election Tribunal" means in respect of any area any judicial officerappointed by notification by the Government to be Election Tribunal in respect of such area and where no such judicial officer is appointed, the 3 [Civil Judge] having jurisdiction over the area within which the election has been or should have been held.
3 [Explanation.--x x x]
(10) "Government" means the State Government;
(11) "hut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the municipal council may declare to be a hut for the purposes of this Act;
(12) "land" includes land which is built upon or covered with water, benefitsto arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;
(13) "market" includes any place where persons assemble for the saleof, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other person;
(14) "municipal council" means the council of a town or city 4 [municipal area] established under this Act;
4 [(15) "municipal area" means any area specified as a smaller urban area and which is deemed to be a municipal area under section 3 and includes any local area which is deemed to be a municipal area under section 350;]
(16) "notification" means a notification published in the official Gazette;
(17) "nuisance" includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to health or property;
(18) "occupier" includes, --
(a) any person who for the time being is paying or is liable to pay tothe owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
(b) an owner in occupation of, or otherwise using his land or building;
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
5 [(19) x x x]
(20) "owner" includes a person who for the time being is receiving or isentitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who would to receive the rent or be entitled to receive it, if the land or building or part thereof were let to a tenant and also includes the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950 (Central Act XXXI of 1950);
6 [(20A) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;]
(21) "prescribed" means prescribed by rules made by the Government under this Act;
(22) "private street" means any street, road, square, court, alley, passage or riding path, which is not a 'public street', but does not include a pathway made by the owner of a premises on his own land to secure access to or the convenient use of such premises;
(23) "public securities" means, --
(a) securities of the Government of India,
(b) securities of the 3[Government of Karnataka], or of any other State Government,
(c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by a law in force in the State, or
(d) a security expressly authorised by any order which the Government makes in this behalf;
(24) "public street" means any street, road, square, court, alley, passageor riding path over which the public have a right of way, whether a thoroughfare or not and includes, --
(a) the roadway over any public bridge or causeway,
(b) the footway attached to any such street, public bridge or causeway,
(c) the drains abutting to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah, or other structure, which lines on either side of the roadway up to the boundaries of the adjacent property, whether that property is private property or property belonging to the Government or the municipal council, and
(d) any street which, under any provision of this Act, becomes or is declared to be a public street;
(25) "Scheduled Castes" means the Scheduled Castes and ScheduledTribes specified in respect of the 3
[State of Karnataka] or in respect of any area thereof in the Constitution (Scheduled Castes) Order, 1950, and the Constitution (Scheduled Tribes) Order, 1950, for the time being in force;
6 [(25A) "State Election Commission" means the State Election Commission constituted under section
308 of the Karnataka Panchayat Raj Act, 1993;]
(26) "street" means any road, footway, square, court, alley or passage, accessible whether permanently or temporarily to the public, whether a thoroughfare or not; and shall include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier, if houses, shops or other buildings abut thereon and if it is used by any person as a means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not; but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid;
(27) "tax" shall include any toll, rate, cess, fee or other impost leviableunder this Act;
(28) "Town Municipal Council" means a town municipal council establishedunder this Act;
2 [(28A) "Town Panchayat" means a Town Panchayat established under this Act;]
(29) "vehicle" includes carriage, cart, van, truck, hand-cart, bicycle, tricycle, cycle rickshaw, and every wheeled conveyance which is used or is capable of being used on a public street.
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1. Substituted by Act 24 of 1995 w.e.f. 26.9.1995.
2. Inserted by Act 24 of 1995 w.e.f. 26.9.1995.
3. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.
4. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
5. Omitted by Act 21 of 1979 w.e.f. 31.3.1979.
6. Inserted by Act 36 of 1994 w.e.f. 1.6.1994.
7. Inserted by the Karnataka Land Revenue and Certain Other Laws (Amendment) Act, 2007 w.e.f. Fifth day of January, 2007.